To establish
minimum standards for legal reference materials to be provided to judicial and
quasi-judicial officers and court employees.

To establish acquisition, distribution and
budgetary responsibilities for the legal reference materials identified in this
rule for the state law librarian.

To realize financial advantages through the
use of high volume purchases of regularly used legal reference materials.

Applicability:

This rule shall apply to the state law
library, all judges and commissioners of courts of record and not of record and
all court employees.

Statement of the Rule:

(1) Responsibility for providing judicial
library resources.

(1)(A) Authorized publications. The
following officials are authorized to receive the publications
indicated:

(1)(A)(i) a
current set of the softbound Utah Code Unannotated
for each justice, judge, and commissioner of the courts of record for use in
the justice’s, judge’s, or commissioner’s principal courtroom or hearing room
and additional sets as needed for actively-used courtrooms and hearing rooms,
the administrative office library, the Supreme Court and Court of Appeals
chambers libraries, senior judges on active status, staff of the administrative
office and other senior managers as determined by the state court
administrator, and central staff attorneys;

(1)(A)(ii) one set of Utah Code Annotated
1953 with annual supplements, indexes, rules, and replacement volumes to
justices, judges, and commissioners of the courts of record, staff of the
administrative office and other senior managers as determined by the state
court administrator, central staff attorneys, appellate court law clerks at a
ratio of one set for two clerks, the administrative office library, and the
Supreme Court and Court of Appeals chambers libraries;

(1)(A)(iii) one copy of the Utah Court Rules
Annotated for senior judges on active status, staff of the administrative
office and other senior managers as determined by the state court
administrator, the administrative office library, and the Supreme Court and
Court of Appeals chambers libraries; and

(1)(A)(iv) one set
of the Utah Reporter to justices, judges, and central staff attorneys of the
Supreme Court and Court of Appeals and a sufficient number for the research
needs of the trial courts of record.

(1)(B) The office of legislative printing.
The current policy of the Office of Legislative Printing is to provide the set
of Utah Code Annotated 1953 with annual supplements, indexes, rules, and
replacement volumes to all justices and judges of courts of record referred to
in paragraph (1)(A)(iv) of this rule. The state law librarian shall coordinate
the distribution of these materials with the judges and the Office of
Legislative Printing.

(1)(C) Publisher's complimentary copies. The
current policy of the publisher of the Pacific Reporter is to provide
complimentary volumes to appellate judges as of the date of the judge's
appointment to the appellate court. The state law librarian shall coordinate
the distribution of these materials with the judges and the publisher.

(1)(D) State law library. Except for copies
furnished as indicated in paragraphs (1)(B) and (C) of this rule and the
purchasing authority described in paragraphs (1)(E), (F), and (G), the state
law librarian shall purchase the publications authorized by this rule and
distribute them in accordance with this rule.

(1)(E) Counties. Each county shall provide a
current copy of either the Utah Code Annotated with annual updates or the
softbound Utah Code Unannotated to each county
justice court judge serving within that county. Each county operating a court
of record under contract with the administrative office of the courts shall
provide the judge with access to the local law library pursuant to Section
78A-5-111.

(1)(F) Municipalities. Each municipality
shall provide a current copy of either the Utah Code Annotated with annual
updates or the softbound Utah Code Unannotated to
each municipal justice court judge serving within that municipality. Each
municipality operating a court of record under contract with the administrative
office of the courts shall provide the judge with access to the local law
library pursuant to Section 78A-5-111.

(1)(G) Counties and municipalities
contracting with justice court judges. Each county and
municipality which contracts with a justice court judge pursuant to Utah Code
Ann. Section 78A-7-202 shall provide, at the location used by the judge within
the county or municipality, either the Utah Code Annotated with annual updates
or the softbound Utah Code Unannotated.

(1)(H) Administrative office of the courts.
The administrative office of the courts shall provide a Justice Court Manual,
updated biannually, to each judge of a court not of record.

(2) Law libraries.

(2)(A) The State Law Library shall be
supervised and administered by the state law librarian under the general
supervision of the Appellate Court Administrator.

(2)(B) The Appellate Courts' Chambers
Library shall be maintained by the State Law Library, and the Appellate Courts
shall pay for the materials in that collection.

(2)(C) The Council may authorize the
establishment of chambers law libraries for trial courts of record, provide
update services consistent with funding limitations and adopt minimum standards
for those libraries.

(2)(D) For purposes of this rule,
"chambers libraries" means those law libraries which are established
and maintained for the exclusive use of judicial officers and employees and are
not available for use by members of the public.

(3) Procedures.

(3)(A) The state law librarian shall
separately account for the operating budget for the state law library, trial
court operations, appellate court operations, and administrative operations.
Funds appropriated or allocated to the appellate court, trial court, or
administrative operations shall not be used to supplement the appropriation to
the state law library.

(3)(B) The purchase of publications to fully
implement the provisions of this rule shall be limited by the availability of
funds.

(3)(C) Any publication purchased with public
funds shall be the property of the court and not the property of any official.
Publications provided to an official without charge to the state shall be the
personal property of the official.

(3)(D) Upon request of a justice, judge,
commissioner or court employee, the state law librarian shall make available
legal reference publications or photocopies or facsimile copies thereof for the
use of the requesting party. The state law librarian shall develop procedures
for the control of publications removed from the library.

(3)(E) The state court administrator shall
notify the state law librarian whenever there is a change to the list of senior
judges on active status. The court executive shall notify the state law
librarian whenever there is a change in the personnel authorized by this rule
to receive publications.